SAURABH BANERJEE,J. - (1.)There is an age-old dispute brewing inter-se the already retired public servants (one set) with those similarly situated public servants who have retired after them (another set) to be treated at par. The present petition is involving one such dispute where we are to adjudge if the two sets are similar when it is relating to pension. Though pension is a reward for the past service rendered by the public servant, it is dependent upon the last drawn pay and the total term of service rendered and the determining factor for calculating pension is the date of retirement and the prevalent rules on such date. Having said so, it is trite law that though pension is not a fundamental right but a retired employee cannot be deprived of his right to pension save and except by authority of any law. Keeping the aforesaid in mind we proceed as hereinbelow.
(2.)As per the facts of the present petition before us, after joining as L.D.C. in SSB on 14/4/1964 petitioner was promoted as U.D.C. on 1/8/1968. Thereafter, upon merger of all the ministerial posts of the then SSB, ARC, SFF and CIOA into a common cadre with inter-changeable transfers, the Directorate General of Security-Secretariat Service (hereinafter referred "DGS") was constituted on 4/11/1975.
(3.)As per petitioner, despite promotion as Assistant on 1/12/1975 as he was wrongly reverted to the post of UDC on 23/2/1978, he filed W.P.(C) 4681/1980 titled Bhim Sen Bansal vs Union of India and Ors. before the Hon'ble Supreme Court wherein vide order dtd. 13/10/1987 his request for voluntary retirement was accepted and he was held entitled to retiral benefits on the footing that he was promoted to the post of Assistant since February, 1975 but he was not held entitled to any other benefit including back wages for the period after 1975 till voluntary retirement became effective. In terms thereof, DGS retired the petitioner under VRS as Assistant w.e.f. 18/1/1988(AN).